Title and commencement

1.—(1) The title of this Order is The Abergavenny Improvement Act 1854 (Repeal) Order 2012.

(2) This Order comes into force on 26 March 2012.

Repeal

2.  Section 28 (commissioners may form and construct cattle market and slaughterhouses) of the Abergavenny Improvement Act 1854 (“the 1854 Act”) is repealed (including to the extent that section 26 (incorporation of the Markets and Fairs Clauses Act 1847(5)) of the 1854 Act has effect in relation to section 28).

Explanatory Note

(This note is not part of the Order)

This Order repeals section 28 of the Abergavenny Improvement Act 1854 (c. 49) (“the 1854 Act”) and it comes into force on 26 March 2012.

The 1854 Act is to be read together with the Abergavenny Improvement Act 1860 (c. 137) and the Abergavenny Improvement Act 1871 (c. 92) (see section 2 of the latter Act).

Section 28 of the 1854 Act conferred functions on the then Abergavenny Commissioners to construct a cattle market and slaughterhouses within a defined area in Abergavenny and to collect tolls. Those functions are now exercisable by Monmouthshire County Council.

Section 26 of the 1854 Act incorporates the majority of the provisions of the Markets and Fairs Clauses Act 1847 (c. 14) and several of those provisions have effect in relation to section 28 of the 1854 Act.

This Order repeals section 28 of the 1854 Act, including to the extent that section 26 of the 1854 Act affects section 28.

The ground on which the Order is made is that the repealed provision is obsolete, unnecessary and has been superseded. The Food Act 1984 contains provisions concerning the establishment and operation of livestock markets and applies to county councils, county borough councils and community councils in Wales.

The Welsh Ministers' Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to this Order. As a result it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with this Order.